Do You Need a Lawyer to Write a Will in Colorado? (2026)

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If you are sitting at your kitchen table in Denver or Boulder wondering whether you have to hire an attorney just to write a will, here is the reassuring news: under Colorado law, you do not. Colorado is one of the states that recognizes a handwritten will, known as a holographic will, that needs no lawyer and no witnesses to be legally valid.

That said, "you can" is not always the same as "you should." This guide walks through exactly what the law requires, when a do-it-yourself will is perfectly sensible, and the specific situations where paying an estate attorney is money well spent.

The short answer: no lawyer required in Colorado

Colorado follows the Uniform Probate Code, and its will statute expressly allows a person to write their own will by hand. Under C.R.S. Section 15-11-502(2), a document is valid as a holographic will, whether or not it is witnessed, as long as the signature and the material portions of the document are in the testator's own handwriting.1 No notary is required, no witnesses are required, and no attorney is required.

The phrase "material portions" matters. Because the statute asks only for the material parts to be handwritten, rather than the entire page, a holographic will can still be valid even if some immaterial wording (such as a printed heading or a preprinted date line) is typed or stamped.2 The parts that actually give away your property, and your signature, are what must be in your own hand.

What a valid Colorado holographic will needs:
  • The material provisions (who gets what) in your handwriting
  • Your signature, also handwritten
  • Clear intent that this document is your will
  • You must be at least 18 and of sound mind

What it does not need: witnesses, a notary, special legal language, or a lawyer.

When a DIY will is perfectly fine

For a great many Coloradans, a clear handwritten will covers everything they need. A do-it-yourself will tends to work well when your situation is straightforward:

  • You are married or single with a relatively simple family picture.
  • Your main assets are a home, bank accounts, a vehicle, and personal belongings.
  • You want to leave everything to a spouse, your children, or a short list of named people or charities.
  • You are naming a personal representative (executor) you trust.
  • You do not expect anyone to contest the will.

If that describes you, writing your own will is not a shortcut or a lesser option. It is exactly what the statute was designed to allow. The most important thing is that it is legible, unambiguous, and properly signed. Our step-by-step walkthrough covers the wording and structure in detail: see how to write a will in Colorado.

What happens if you write nothing at all

The real risk is not a slightly imperfect homemade will. It is having no will. If you die without one, Colorado's intestacy statute decides who inherits, and it may not match your wishes. Under C.R.S. 15-11-102, a surviving spouse takes the entire estate when all of the decedent's descendants are also descendants of that spouse and the spouse has no other children; in other family configurations, the estate is split between the spouse and other relatives according to fixed formulas.3 A blended family, an unmarried partner, or a favorite niece can end up with nothing simply because the default rules do not account for them. A will, even a handwritten one, puts you back in control.

When you really should see an estate attorney

Being able to do it yourself does not mean you always should. There are situations where the stakes and the complexity justify professional advice. Consider hiring a Colorado estate planning attorney if:

  • You have a blended family. Stepchildren, children from a prior marriage, or a desire to balance a current spouse against kids from a previous relationship can create tension that careful drafting prevents.
  • You own a business. Succession planning, buy-sell agreements, and keeping a company running through probate are not one-page problems.
  • You own out-of-state or foreign property. Real estate in another state can trigger a second probate under that state's rules, and coordinating it takes planning.
  • You want a trust. A minor child's inheritance, a family member with special needs, or a wish to control how and when money is released usually calls for a trust, not just a will.
  • Your estate is larger or more complex, or you anticipate that someone might challenge your wishes.
One limit even a will cannot override: you cannot completely disinherit a spouse in Colorado. Under the elective-share provisions beginning at C.R.S. 15-11-201, a surviving spouse may claim a percentage of the augmented estate, and that share grows with the length of the marriage, reaching its maximum after a long marriage.4 If cutting out or limiting a spouse is your goal, talk to an attorney first, because the law gives the spouse a floor you cannot simply write away.

The balanced view

An attorney brings real value: spotting problems you would not think of, drafting for edge cases, and reducing the chance of a dispute. A holographic will, by contrast, is fast, private, and free of formality, and it is fully valid when done correctly.5 The two are not enemies. Many people write a solid handwritten will now to make sure their wishes are documented, then consult a professional later as their assets or family grow. The worst outcome is neither option: leaving no will at all.

Where to keep it once it is written

A will only works if it can be found. Keep the signed original somewhere safe and tell your personal representative where it is. Colorado also lets you deposit your will with the district court for safekeeping during your lifetime under C.R.S. 15-11-515; the court seals it and keeps it confidential until it is needed.6 A fireproof box at home or a safe deposit box works too, as long as the right person can reach it.

Ready to put your wishes on paper? Our guided tool helps Colorado residents create a clean, valid handwritten will in plain language. Start your Colorado will here.

This article is general information about Colorado law, not legal advice. For guidance on your specific situation, consult a licensed Colorado attorney.

Sources

  1. 1C.R.S. 15-11-502, Execution: witnessed or notarized wills, holographic wills (Justia) (law.justia.com)
  2. 2C.R.S. 15-11-502, Execution and holographic wills (Colorado public.law) (colorado.public.law)
  3. 3C.R.S. 15-11-102, Intestate share of surviving spouse (Colorado public.law) (colorado.public.law)
  4. 4C.R.S. 15-11-202, Elective-share of surviving spouse (Justia) (law.justia.com)
  5. 5Colorado Revised Statutes 15-11-502 (FindLaw) (codes.findlaw.com)
  6. 6C.R.S. 15-11-515, Deposit of will with court in testator's lifetime (Justia) (law.justia.com)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Online Will Colorado. He gathers the rules from the Colorado statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

Yes, when you finish it correctly. Colorado recognizes the holographic will under C.R.S. Sec. 15-11-502(2). Such a will is valid if the signature and the material portions are in the testator's own handwriting, and no witnesses are required. Our service builds your draft to reflect Colorado succession law, but the document only becomes a valid holographic will once you copy the material portions in your own hand and sign it yourself. A printout that you merely sign does not qualify.

Because that is exactly what Colorado law demands for this route. Under C.R.S. Sec. 15-11-502(2), a holographic will skips the usual witness requirement only if the signature and the material portions are in your own handwriting. A typed or printed page, even with your signature, would not meet that test and could be rejected in probate. We give you a clean, finished draft so the handwriting step is simple: you copy the wording onto paper in your own hand and sign it.

Your children, generally yes. Colorado has no forced heirship, so you are free to decide who inherits and you may leave an adult child out (be clear and specific to reduce disputes). Your spouse is different. Under the elective share rules in C.R.S. Sec. 15-11-201 and following, a surviving spouse who is disinherited can claim a statutory share of the augmented estate, and the percentage grows with the length of the marriage. You cannot fully cut out a spouse against their will, so plan realistically around that right.

Somewhere safe, dry, and findable by the person who will handle your estate. Many people use a home fireproof box or a bank safe deposit box and tell their personal representative where it is. Colorado also lets you deposit your will with the clerk of the district court for safekeeping during your lifetime under C.R.S. Sec. 15-11-515. There is no separate central will registry in the state, so what matters most is that the original can actually be located after your death.

We do not recommend it. A single joint document shared by two people creates problems for a holographic will, because each testator's material portions and signature must be in that person's own handwriting, and a joint will can tie the survivor's hands later. The cleaner approach is two separate mirror wills: each spouse handwrites and signs their own document, with matching terms. Our service walks each of you through your own will so both are individually valid.

Yes, and it is easy to do. In Colorado you can revoke or replace a will at any time while you have capacity. The simplest, safest method is to write a brand new holographic will that is fully in your own handwriting and signed by you, stating that it revokes all prior wills. Avoid crossing out lines or writing notes in the margins of an existing will, since messy edits invite challenges. When life changes (marriage, divorce, a new child, a move), make a fresh will.

No, and we are upfront about that. Our service helps you produce a solid, Colorado-specific draft to copy out by hand, which suits many straightforward estates. It is not legal advice and it does not replace an attorney. If your situation is complex (blended families, business interests, sizable or out-of-state assets, trusts, or possible disputes over the spousal elective share), talk to a Colorado estate planning lawyer before you rely on a handwritten will.

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